~ 1 ele sb HRP ry “y Pi arane e tamee ie aN Et COUNSEL FOR THE DEPARTMENT: "Florida Bar No, 0909289 _ Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 on this day of __, 2001. STATE OF FLORIDA | ere pe om DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION pep} DIVISION OF HOTELS AND RESTAURANTS © °°" ra’ y tA ot, re DEPARTMENT OF BUSINESS AND CLUE 23 Pi 59 PROFESSIONAL REGULATION, Petitioner, VS. License No. 74-06078-R ? MEDITERRANEAN SALAD BAR Case No. 4-01-61 r Respondent. . O/ AYO. i : ADMINISTRATIVE COMPLAINT : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: MEDITERRANEAN SALAD BAR, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and %.__» public food service establishments, pursuant to Sec. 20.165 and Chapter 509, Florida Statutes. “52, .Respondent is, and has been at all times fHaterial hereto, licensed by or subject to the jurisdiction of the WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida . Statutes, or the rules promulgated thereto. Signed February 15, 2001 Kendall Burkett, District(Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants Department of Business & Professional Regulation Gail Hoge, Senior Attorney Department of Business & Professional Regulation : - 1940 North Monroe Street, Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me : Received by: Inspector's Signature _Operator's Signature Title : Case No: 4-01-61. icense No: 78R Title wo BE © Revised 1/1/2001 Business Name: MEDITERRANEAN SALAD BAR - Coopers opens License #: 74-06078R Case #: 04-00- 061 . . , Exhibit A “EC” as cited herein references specific provisions of the 1997 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. Itis alleged that on January 22 and January 30, 2001 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following particulars: 1. *53a-1 509.039 FS ... All managers employed by a food service establishment must have passed [the food service manager] test and received a certificate attesting thereto. Managers have a period of 90 days after employment to pass the required test... au: fem 61C-4,023(1) FAC All managers who are responsible for the storage, preparation, display, and servirlg of foods to the public shall have passed a written. ‘ certification test approved by the division demonstrating a basic ‘knowledge of food protection practices regulated and administered by the division of an agency of state government outside Florida which — . has been approved by the division. Those managers who successfully pass the certification examination shall be issued a certificate which is valid for a period of five years from the date of issuance. All establishments shall designate in writing the food service manager or managers for each location. Establishments that have four or more employees at one time engaged in the storage, preparation or serving of food shall have at least one certified manager present at all times when said activities are taking place. All other establishments shall have a certified manager or managers responsible for all periods of operation but said manager or managers need not be present at all times... THE OWNER DID NOT HAVE THE CERTIFIED FOOD MANAGERS CARD AVAILABLE. 2. 29-5 §-205.15 FC System Maintained in Good Repair.* A PLUMBING SYSTEM shall be: ; (A) Repaired according to LAW; and (B) Maintained in good repair. PLUMBING WAS NOT INSTALLED AT THE MOP SINK. 3. *47-5 NFPA 70, 110-12(a) Unused Openings - Unused openings in boxes ... or housings shall be effectively closed to afford protection substantially equivalent to the - wall of the equipment. THERE WAS A MISSING SPACE BAR IN THE ELECTRICAL BOX BY THE MOP SINK. (DUCT TAPE WAS COVERING THE HOLE). Exhibit A “Page 1 of 2 ——e License #, 74-06078R Case #: 04-00- 061 4, *30-4 5.08a-7 5-203.14 FC 3-306.11 FC Backflow Prevention Device, When Required.* A PLUMBING SYSTEM shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the FOOD ESTABLISHMENT, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by LAW, by: (A) Providing an air gap as specified under § 5-202.13; or (B) Installing an APPROVED backflow prevention device as specified under § 5-202.14. THERE WAS NO BACKFLOW PREVENTER ON THE HOSE _ SPIGOT OUTSIDE OF THE BACK DOOR. » FOOD Display. 1 -_ Except for nuts in the shell and whole, raw fruits and vegetables that . are.intended for hulling, peeling, or washing by the CONSUMER before consumption, FOOD on display shall be protected from . contamination by the use of PACKAGING; counter, service line, or salad bar FOOD guards; display cases; or other effective means. THERE WAS NO SNEEZE GUARD OR OTHER TYPE OF PROTECTION OVER THE SOUP AT THE STEAM TABLE. sods. ExhibitA . Page2of2...

Docket for Case No: 01-002906